§1361. Government property or contracts

Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:

If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 764 ; Pub. L. 103–322, title XXXII, §320903(d)(1), title XXXIII, §330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2125 , 2147; Pub. L. 104–294, title VI, §§601(a)(3), 605(e), 606(a), Oct. 11, 1996, 110 Stat. 3498 , 3510, 3511.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §82 (Mar. 4, 1909, ch. 321, §35, 35 Stat. 1095 ; Oct. 23, 1918, ch. 194, 40 Stat. 1015 ; June 18, 1934, ch. 587, 48 Stat. 996 ; Apr. 4, 1938, ch. 69, 52 Stat. 197 ).

The embezzlement and theft provisions of section 82 of title 18, U.S.C., 1940 ed., are now incorporated in section 641 of this title.

Words "or any corporation in which the United States of America is a stockholder" were omitted as unnecessary in view of definition of "agency" in section 6 of this title.

Designation of the place of confinement as "in a jail" was omitted because section 4082 of this title commits all prisoners to the custody of the Attorney General or his authorized representative, who shall designate the place of confinement. (See reviser's note under section 1 of this title.)

The smaller penalty for offenses involving $50 or less was extended to offenses involving $100 or less. The use of $50 as the dividing line between felonies and misdemeanors originated at a time when that sum was of much greater value than $100 is now.

The word "damage" was substituted twice for the word "value", and the definition of "value" was omitted as inapplicable to this section. These words and definition, however, are retained in that part of said section 82 which is now section 641 of this title.

Minor changes were made in phraseology.

Editorial Notes

Amendments

1996-Pub. L. 104–294, §605(e), inserted comma after "foregoing offenses" in first par.

Pub. L. 104–294, §§601(a)(3), 606(a), in second par., substituted "fine under this title" for "fine of under this title" in two places and "$1,000" for "$100" in two places.

1994-Pub. L. 103–322, §320903(d)(1)(A), inserted "or attempts to commit any of the foregoing offenses" before "shall be punished" in first par.

Pub. L. 103–322, §330016(1)(H), (L), in second par., substituted "under this title" for "not more than $10,000" before "or imprisonment for not more than ten years" and for "not more than $1,000" before "or by imprisonment for not more than one year".

Pub. L. 103–322, §320903(d)(1)(B), inserted "or attempted damage" after "damage" in two places in second par.